Legal Research On The Uncompleted-right Houses

From a different point of view， there can be many concept of theuncompleted-right house．In this paper, the so-called "uncompleted-right house"refers specifically to the houses that are built by the township government or villageorganizations, sold to individuals outside the rural collective organizations, and cannot get national recognition awarded property certificate, they only can gain thehousing ownership certificates produced by the township government or villagecommittee, but they also have the similar functions to the commercial housing in thegeneral sense.If we probe the reason of uncompleted-right house, the most fundamental oneis that there is an interests imbalance distribution under the dual structure of urbanand rural land. The existing dual structure of urban and rural land and the existinglaw make many restrictions to the rural land ownership. This kind of land structuresystem makes the rural land have a strict distinction to the urban land in the and useand transfer process, and there is also a highly uneven distribution of interests of allparties, enabling farmers to turn to seek more land value-added benefits. At the sametime, this phenomenon is closely related to the high house price, rising demand forhousing, imperfect law, incomplete social security system in rural areas leading tothe interests of farmers can not be guaranteed and the functional departments laxregulation and other issues.Calls for the legalization of uncompleted-right house now is getting higher andhigher, but there differences between the Scholars for the legalization ofuncompleted-right house, but our government has not yet recognized the legal statusof the uncompleted-right house. Some scholars think that we can not recognize thelegal status of the uncompleted-right house based on the protection of farmland andthe tax consideration. Some scholars believe that the advantage of recognizing thelegal status of uncompleted-right house can outweigh the disadvantage. It is conducive to the entire real estate market in an orderly competition, and to promotethe common development of the urban and rural areas. In fact, we should see thelegalization of Uncompleted-right houses is the trend, it is important that thelegalization should have a scale, not a one size fits all, nor is it allows arbitrarydisposal of rural collective land, should be done with full respect for the rights of therural collective economic organizations, based on the promotion of collective landuse rights transfer, combined with the country’s strict land use approval system, andeventually a complete solution to this problem.In this paper, through the elaboration of the basic concepts ofUncompleted-right house, and for academic research on whether or not to recognizethe legal status of Uncompleted-right house and how to resolve this problem. I hopethat this paper can provide some help to this problem based on a more in-depthanalysis.In this paper, taking the background of the topic as a starting point, throughin-depth analysis of concept, characteristics, classification, causes and developmentstatus of the Uncompleted-right houses, from a legal point of view to considerChinese current land management system, and put forward feasible suggestions, andpromote Chinese urban and rural land system reform and the establishment of ruralcollective land circulation system.The first part of this article explained the concept and basic characteristics ofUncompleted-right house. The second part describes the reasons of this phenomenon,clarifying the association between the characteristics and causes. The last part of thepaper core part, at first, I draw my own view that limitedly recognize the legal statusof the Uncompleted-right house by analyzing the pros and cons of the legalization ofUncompleted-right house, and the final should be attributed to the countermeasuresfor the analysis of Uncompleted-right house hygiene reasons, this article proposedseveral measures to solve this problem, hoping that can provide some help to solvethe problem.